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This content is for informational purposes only and is not intended to provide legal advice.
The last thing you’re thinking of is deadlines after an accident. You’re still trying to figure out what just happened. Even after getting your bearings, timelines are just about the farthest things from your mind. This is perfectly understandable.
However, ignoring the Sunshine State’s statute of limitations is a huge mistake. So, what is the Florida statute of limitations for personal injury claims? Guess what, you may not have as long as you think. The statute can also vary depending on the type of personal injury claim adding to the confusion.
Why Does Florida Have a Statute of Limitations
If you’re not sure what the statute of limitations refers to, the concept is pretty simple. This is the time you have to file a personal injury claim. The clock typically starts counting down the day the accident occurs. This brings us to why you don’t have forever to file a claim for your damages. There are a few reasons that all make perfect sense:
- Prevents personal injury lawsuits from overwhelming the court
- Encourages accident victims to get moving on their injury claims
- Helps avoid issues with old or missing evidence. Witnesses move away, memories get foggy, and surveillance footage is recorded over, to name a few examples.
- The statute of limitations also helps prevent individuals from abusing the system with old cases. We should mention Florida isn’t the only state with a statute of limitations on the books. The same type of rules are found in all other states.
How the Statute Impacts Personal Injury Claim Settlement Negotiations
So, the statute of limitations has passed you by. No big deal right? That’s not exactly true. Once you miss the statute of limitations, your claim is automatically dismissed. The insurance company and court close your case and move on.
If you’re still going it’s not a big deal, just wait until you try to file a civil claim. This is when you file a claim directly against the at-fault party. In other words, you’re leaving the insurance company out of the claim. Since your personal injury claim is gone, you’re out of leverage. You have nothing to leverage, meaning you’re essentially filling a worthless claim.
The statute of limitations doesn’t just impact your ability to recover compensation from the insurance company. The rule also makes it just about impossible to file a private claim.
Florida’s Updated Statute of Limitations on Personal Injury Claims
Before March 24th, 2023, the Sunshine State gave accident victims four years to file a personal injury claim. If your accident occurred before this date, the following changes don’t apply. Your accident claim is grandfathered in and you still have four years. For everyone else, the changes are going to affect your filing deadlines.
Most accident victims have two years to file a personal injury claim. Yep, the clock starts ticking on the date of the accident. There can be an exception to the statute. The clock can also start on the date you discovered any injuries stemming from the accident.
However, this doesn’t mean you can wait three years or so to head to the doctor. The statute is pretty clear when it states you must discover your injuries within a reasonable amount of time. Typically, this only gives you a few weeks to see a physician after an accident.
Accident Type Can Impact the Statute of Limitations
The two-year statute of limitations works for most types of personal injury claims. So, it doesn’t matter if you’re injured in a car collision or slip and fall accident, you have two years to file a claim for damages. This also includes things like dog bite injury and premises liability claims.
However, things change when your injuries are caused by an assault and battery. You usually have four years to file a claim after this type of accident. The same can also apply to defective product liability claims. Sometimes, you have two years and in other cases, you have four years to get the claim process started.
Personal Injury Claims Against the Florida Government
Like most governments, the state of Florida really doesn’t like being dragged into personal injury claims. To make it harder for plaintiffs to seek damages from the state, you’re going to need to jump through several hops.
The Florida Tort Claims Act outlines specific procedures and deadlines for filing personal injury claims against the state government. Why are these barriers in place? Essentially to protect you and other state taxpayers. If your claim is successful, your settlement is coming out of state taxpayer dollars. This is kind of ironic when you think about it. Your taxes are going toward your settlement check.
Steps and Deadlines for Government Accident Claims
Trying to recover compensation from the government after an accident is intimidating, to say the least. You’re going up against the state government and they’re not going to back down easily.
You start the legal process by filing a notice with the at-fault government office. For example, if your injuries are caused by a driver from the state’s water department that’s who you file the notice with. From there, you sit back and wait for a response. The government has 180 days to respond. You can’t file a lawsuit until you get the government’s response. If your notice is denied or the government just doesn’t respond, you can move on with your lawsuit.
However, it can’t be longer than three years since the accident date. If it’s a wrongful death claim, you only have two years. Prison inmates can also file a personal injury lawsuit against the government. However, they have the shortest statute of limitations at only one year from the accident date.
Simplifying Florida’s Statute of Limitations
Overall, you have two years to file a personal injury claim. There are some exceptions but two years is the common filing deadline. To help ensure you’re not letting anything fall through the cracks, it’s a good idea to partner with an experienced Florida personal injury attorney.
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